151 So. 3d 200
Miss.2014Background
- On Oct 26, 2011, Hattiesburg PD Officer Holmes observed a gold Chevy Cavalier speeding (41 mph in a 30 mph zone).
- Moore admitted drinking a quarter of a 24-ounce beer; Holmes noted a strong odor of alcohol and Moore’s swaying, bloodshot eyes, and slurred speech.
- Denson found two pint-sized vodka bottles in the vehicle (one under the passenger seat); Moore claimed one bottle belonged to the passenger.
- Moore was arrested for felony DUI after Miranda rights were read; an intoxilyzer test was administered but produced an insufficient reading due to allegedly improper blowing; the test video tape malfunctioned.
- Robinson testified Moore appeared intoxicated (sweating, odor of alcohol, uncoordinated, had to be aided entering a police car).
- Moore was convicted of felony DUI, third offense; on appeal, he challenged the sufficiency of evidence to prove DUI.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence Moore was under the influence. | Moore contends blood alcohol not established; potential disability to blow into device. | State argues common law DUI with impairment evidence suffices without BAC. | Evidence supports DUI; conviction affirmed. |
Key Cases Cited
- Leuer v. City of Flowood, 744 So. 2d 266 (Miss. 1999) (interprets §63-11-30(1) and non-BAC evidence suffices)
- Young v. State, 119 So. 3d 309 (Miss. 2013) (common law DUI based on impairment evidence)
- Evans v. State, 25 So. 3d 1054 (Miss. 2010) (recognizes slurred speech, etc., as sufficient impairment evidence)
- Jefferson v. State, 138 So. 3d 263 (Miss. Ct. App. 2014) (common law DUI framework; impairment without BAC required)
- Taggart v. State, 957 So. 2d 981 (Miss. 2007) (standard for evidentiary sufficiency in DUI context)